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06-3343 - NGUYEN v. BARNHART


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06-3343 - NGUYEN v. BARNHART
January 24, 2008
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OPINION AND ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED AS TO PARTS I THROUGH III, BUT NOT AS TO PART IV. THE RECOMMENDATION OF THE MAGISTRATE JUDGE THAT THIS COURT AFFIRM THE FINAL DECISION OF THE COMMISSIONER IS NOT APPROVED; DEFENADNT COMMISSIONIER'S MOTION FOR SUMMARY JUDGMENT IS DENIED; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED INSOFAR AS PLAINTIFF REQUESTS THAT THE MATTER BE VACATED AND REMANDED; THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO XHAN NGUYEN IS VACATED AND THE MATTER IS REMANDED TO THE COMMSIISIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE PORTIONS OF MAGISTRATE JUDGE RAPAPORT'S REPORT AND RECOMMENDATION ADOPTED BY THIS ORDER AND ADDITIONAL DISCUSSION SET FORTH IN THIS COURT'S OPINION ACCOMPANYING THIS ORDER. SIGNED BY HONORABLE LOUIS H. POLLAK ON 1/24/08. (Attachments: # (1) Order) 1/24/08 ENTERED AND COPIES E-MAILED. (jpd)
June 3, 2008
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MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR ATTORNEY'S FEES (DOC. NO. 19) IS GRANTED IN PART. PLAINITFF IS AWARDED $3,126.50 IN ATTORNEY'SY FEES. SIGNED BY HONORABLE LOUIS H. POLLAK ON 6/3/08. 6/3/08 ENTERED AND COPIES E-MAILED. (jpd)